Class Denied, Collective Granted In Franchisee Delivery Drivers’ Tip Pool Suit

Mealey's (March 4, 2020, 3:20 PM EST) -- WILLIAMSPORT, Pa. — A federal judge in Pennsylvania on Feb. 21 conditionally certified a collective of delivery drivers for a chicken wings franchisee who claim that they were forced to share tips with kitchen workers in violation of the Fair Labor Standards Act (FLSA) and state law but denied certification of a class, finding that the drivers were unable to show commonality and predominance (Jacob Wilson, et al. v. Wings Over Happy Valley MDF, LLC, et al., No. 17-915, M.D. Pa., 2020 U.S. Dist. LEXIS 30207)....